The Safe Facilitities Act Of 2007

Floor Speech

THE SAFE FACILITIES ACT OF 2007 -- (Extensions of Remarks - March 21, 2007)

* Mr. SMITH of New Jersey. Madam Speaker, last night I introduced legislation, the ``Safe Facilities Act of 2007,'' H.R. 1574, to promote and protect increased safety measures at chemical security plants. Specifically, my legislation would prohibit any federal law, regulation or agency from preempting any State chemical facility safety stipulation which may be more rigorous then the new federal regulations.

* As you know, Madam Speaker, last fall Congress passed the Homeland Security Appropriations Act of 2007 which granted the Department of Homeland Security (DHS) the authority to draft ``interim final regulations'' regarding plant security. While these standards are a necessary baseline for nationwide consideration, the federal regulations must represent a floor, not a ceiling, by which States may structure their own security standards. Federal regulations should not be written in such a way to undermine exiting State statues, which in cases like New Jersey are current and robust.

* While I agree with some of the implementation provisions outlined in the interim regulations, my legislation repeals the provision allowing the federal law to preempt the state law. It is particularly difficult to find merit in the Department's plan to preempt state standards since the authorizing statute, Public Law 109-295, was intentionally silent on this issue. The very fact that the legislation did not include a specific preemption should be taken as the signal of Congressional intent to allow states to implement stricter standards if they act to do so. Federal laws should provide a framework for state laws, buttressing and enhancing existing state statutes not eradicating or replacing laws which in some cases may be more protective.

* As you are well aware, September 11, 2001 changed the life of every single American--including the life of every resident in New Jersey. Nearly 700 New Jersey residents lost their lives including many from the 4th Congressional District which I represent in central Jersey. Regrettably, the most densely populated state in the Union is also well acquainted with bio-terror attacks including the subsequent anthrax attack at the U.S. Postal facility in Hamilton, also in my Congressional District. With over 100 major chemical facilities in the State of New Jersey, lawmakers, experts in the field of science, and residents alike are keen to the importance of securing New Jersey's vital infrastructure which could potentially be used as a weapon by a terrorist.

* Immediately following the attacks in 2001 and in preparation for the ``worst case scenarios'' in the event of another terrorist attack, New Jersey established the Domestic Security Preparedness Task Force to develop the best security practices and encourage each chemical facility in the state to evaluate security threats and plant vulnerabilities as well as the consequences of a chemical release. In 2005, the best practices became mandatory for New Jersey's facilities. All of New Jersey's facilities are now required to prepare a site-specific, risk and vulnerability assessment, emergency incident prevention and response plan and require worker participation in their security assessments. In addition, 43 chemical facilities subject to the Toxic Catastrophe Prevention Act (TCPA) state program are also required to explore the feasibility of inherently safer technologies as part of state security and preparedness plans.

* New Jersey is no stranger to danger when it comes to vulnerabilities in a post 9/11 world. We are acutely aware of the terrorist threat and thus we will not be passive in our fight to prevent future catastrophes. The Garden State is the first state in the Nation to implement vigorous plant security practices and continues to research and develop strategies to improve and enhance current standards and regulations. The federal government has no business undermining the efforts of New Jersey, or any State for that matter, in providing the greatest level of protection for our citizens.

Source